Mere LOI, Section 79A Compliance & Draft Development Agreement Do Not Prima Facie Establish Concluded Redevelopment Contract: Bombay High Court

The Bombay High Court has held that the appointment of a developer, issuance of a Letter of Intent (LOI), completion of proceedings under Section 79A of the Maharashtra Co-operative Societies Act, exchange of draft Development Agreements and payment of substantial amounts do not, by themselves, prima facie establish a concluded and enforceable redevelopment contract. The Court observed that where the contractual documents contemplate approval by the General Body and execution of the Development...

Madras High Court Issues Guidelines On Video Conferencing In Criminal Trials; Permits Accused Residing Outside State/Country To Appear Remotely In Appropriate Cases

In a significant ruling on the use of technology in criminal proceedings, the Madras High Court has laid down broad guidelines governing the exercise of judicial discretion in permitting accused persons to participate in criminal proceedings through video conferencing. The Court held that, even in proceedings governed by the Code of Criminal Procedure, 1973, trial courts may permit virtual participation in appropriate cases by drawing guidance from the BNSS, the Madras High Court Video...

Arbitral Tribunal Terminates Proceedings After Holding Continuation 'Unnecessary And Impossible' Under Section 32(2)(c)

An Arbitral Tribunal comprising Justice V.K. Shali (Retd.), former Judge of the Delhi High Court, as Presiding Arbitrator, and B.R. Goel as Co-Arbitrator, has allowed an application filed by the respondent under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996, holding that the continuation of the arbitral proceedings had, for all practical purposes, become "unnecessary and impossible." The Tribunal accordingly terminated the arbitration proceedings.The respondent had sought...

Delhi Commercial Court Restrains Counterfeiting Of HAVELLS Mark; Awards ₹26 Lakh Damages To Havells

The Commercial Court at Shahdara, Delhi, has decreed a trademark infringement suit filed by Havells India Ltd. against Vijay/baba packer, permanently restraining him from manufacturing, printing, marketing or dealing in counterfeit packaging material bearing the HAVELLS trademark and directing him to pay over ₹26 lakh towards damages, punitive damages and litigation costs.District Judge Sanjay Sharma-II held that the defendant had infringed Havells' registered trademark and copyright and passed...

Co-Accused Acquitted On Same Evidence: Madras High Court Discharges UK Resident In CBI Illegal Telephone Exchange Case

The Madras High Court has discharged a U K-based accused from a CBI prosecution relating to an alleged illegal telephone exchange, holding that the evidence against him was inseparable from that against the co-accused, who had already been acquitted in the main trial. The Court observed that compelling the petitioner to face trial on the very same evidence would amount to an abuse of the process of law.Justice M. Nirmal Kumar allowed the criminal revision petition filed by Shri Harsha Srinivas...

EPF First Charge Doesn't Extend To Separate Property Of Partner Unless It Forms Part Of Firm's Assets: Karnataka High Court

The Karnataka High Court has held that while provident fund dues enjoy statutory priority over secured creditors under Section 11(2) of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, such first charge is confined to the assets of the establishment and cannot be extended to the separate property of a partner merely because it was mortgaged to secure the firm's loan. The Court clarified that although the Employees' Provident Fund Organisation (EPFO) may proceed against a...

Proposed Amendment To Contract Terms Doesn't Constitute Anticipatory Breach Unless There Is Refusal To Perform Entire Contract: Calcutta High Court

The Calcutta High Court has held that a proposal to modify certain terms of a contract does not amount to anticipatory breach unless it demonstrates a clear intention to refuse performance of the contract in its entirety.Justice Sugato Majumdar delivered the ruling while deciding two cross-suits arising out of a failed transaction concerning the transfer of control and management of M/s Bhoomi Minerals Ltd., a company owning a sponge iron manufacturing unit in Jharkhand.The dispute arose after...

Local Commissioner's Report Can Form Basis Of Decree In Trademark Infringement Suit: Delhi Commercial Court

The Commercial Court at Saket, New Delhi, has decreed a trademark and copyright infringement suit filed by Luxottica Group S.P.A., proprietor of the globally renowned RAY-BAN brand, against traders found dealing in counterfeit eyewear bearing the identical mark.The Court noted that the plaintiff had established its statutory and common law rights in the RAY-BAN trademark through extensive registrations, longstanding use, and substantial goodwill and reputation associated with the mark.The Court...

Force Majeure Must Be Proved By Cogent Evidence, Not Mere Newspaper Reports: Delhi Commercial Court Refuses To Set Aside Arbitral Award

A Delhi Commercial Court has refused to set aside an arbitral award rejecting claims founded on force majeure, holding that the existence of force majeure conditions must be established through cogent evidence and cannot be proved merely by relying on newspaper reports.The Court observed that newspaper clippings, in the absence of supporting evidence, constitute hearsay and are insufficient to establish facts forming the basis of a force majeure claim.The District Judge (Commercial Court)-01,...

Franchise Dispute Cannot Be Given Criminal Colour; Madras High Court Quashes FIR Against 5K Car Care Owner

The Madras High Court recently quashed an FIR registered against the owner of 5K Car Care, holding that a dispute arising out of a franchise arrangement was purely commercial in nature and did not attract criminal liability.Justice G.K. Ilanthiraiyan was dealing with a petition filed under Section 482 CrPC seeking quashing of an FIR registered for offences under Sections 406, 420 and 506(2) IPC. The complainant had obtained franchise rights to operate a 5K Car Care outlet at Madhavaram, Chennai,...

Calcutta High Court: WBLRTT Cannot Be Bypassed Merely By Alleging Wrongful Assumption Of Jurisdiction Under Thika Tenancy Act

The Calcutta High Court has held that the West Bengal Land Reforms and Tenancy Tribunal (WBLRTT), constituted under Article 323B of the Constitution, cannot ordinarily be bypassed merely on allegations that a statutory authority under the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 has wrongfully assumed jurisdiction.Justice Hiranmay Bhattacharyya dismissed a writ petition filed by Ambe Plywoods Pvt. Ltd. challenging summons issued by the Deputy Controller, Kolkata Thika...

NCLT Kolkata: Interest Cannot Be Clubbed With Operational Debt To Meet ₹1 Crore Threshold For Initiating CIRP

The National Company Law Tribunal (NCLT), Kolkata Bench comprising Labh Singh (Member Judicial) and Rekha Kantilal Shah (Member Technical) dismissed a Section 9 application filed by K.L. Steels (P) Ltd. (Operational Creditor) seeking initiation of Corporate Insolvency Resolution Process (CIRP) against Bridge and Roof Co. (India) Ltd. (Corporate Debtor), holding that the petition was not maintainable as the principal operational debt fell below the statutory threshold of ₹1 crore prescribed under...